SERVED: March 18,2014 - -~_-,< _~:r:r_n:.­

U.S. DEPARTMENT OF TRANSPORTATION-~-~-~!t- -;:;--~U,:. OFFICE OF HEARINGS --, -·- , __ . , ,; ,,_.!;\;_:; 

WASHINGTON, D.C. /:):· '"H ; 'l /\ c;: SO 

-In The Matter Of: 

ENDLESS MOUNTAINS AIR, INC., 

Respondent 

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Docket No. F AA-20 13-0848 

Case No. 2012EA50008 

ORDER SETTING MOTION DEADLINES AND SETTING 

A SECOND RULE 16 LITIGATION CONFERENCE 

On January 28, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and 

Directing Rule 26(f) Planning and Submission was filed. 

On January 30,2014, the FAAfiled a Motion for Decision requesting that the allegations 

contained in the Complaint be deemed admitted because the pro se Respondent, Endless 

Mountains Air, Inc., had failed to file an Answer to the Complaint. 

On March 11, 2014, the parties filed a Joint Proposed Procedural Schedule. 

On March 18, 2014, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference, and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. 

Pursuant to 14 C.P.R. §13.205(a)(1), (6) and (7), Civ. R. 16, 14 C.P.R. §13.217, and 14 

C.P.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and 

being fully advised; 

IT IS HEREBY ORDERED: 

1. April4, 2014: Deadline for the Respondent's Response. On or before April 4, 2014, 

the Respondent shall file a written Response to the FAA's Motion for Decision. 

2. April18, 2014: Deadline for the FAA's Reply. On or before April18, 2014, the FAA 

shall file a written Reply (if any) to the Respondent's Response. 

3. The Respondent's new fax number of 570-945-5953 is added to the Respondent's address 

of record. 

Page 1 of 5 
4. May 13,2014 (1:00pm-2:00pm ET): The parties shall reconvene by telephone for a 

Second Rule 16 Litigation Conference on May 13, 2014 (1:00pm-2:00pm ET). To 

participate in the Conference, each party shall call into the Office of Hearings Conference 

Line (202-493-2343). 

5. Proper Jurisdictional Caption on Filed Documents: 

The proper jurisdictional caption to include on the first page of all documents filed in this 

litigation is: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

6. Clarification or Questions: 

For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of 

Hearings (202-366-6941 ). 

Attachment: Service List 

Page 2 of 5 
SERVICE LIST- BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2WI0001 

Mr. Zachary M. Berman 

Complainant's Counsel 

ONE COPY 

Office of Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

Mr. William J. Dobitsch, Jr. 

Endless Mountains Air, Inc. 

Respondent 

Seamans Airport 

727 Windsock Lane 

Factoryville, P A 18419 

FAX: 570-945-5953 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

FDMS No. FAA-2013-0848 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.